Van Alstyne v. Van Slyck
New York Supreme Court
Demurrer to declaration, in an action of covenant. The declaration set forth the execution of a lease between the plaintiff and one Martin M. Garner, on the 24th of March, 1845, of a tavern stand and premises in the' town of Canaan, in the county of Columbia, for the term of one year, at a rent of $250, to be paid by Garner quarterly.
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Demurrer to declaration, in an action of covenant. The declaration set forth the execution of a lease between the plaintiff and one Martin M. Garner, on the 24th of March, 1845, of a tavern stand and premises in the' town of Canaan, in the county of Columbia, for the term of one year, at a rent of $250, to be paid by Garner quarterly. The declaration then alledged, that in consideration of the premises, and of one dollar to them in hand paid by the said Martin M. Garner, the defendants afterwards, to wit: at the time and place aforesaid, in and by a certain other bond or writing "obligatory,…
1Opinion of the Court
By the Court, Parker, J.
It is first objected, that the plaintiff is not a party to the covenant. That the defendants contracted with Martin M. Garner, from whom the consideration of one dollar was received, and not with the plaintiff.
The law is, undoubtedly, well established, as claimed by the defendants’ counsel, that no one but a party to a covenant can maintain an action for a breach of it. Thus, where A. covenanted with B. that he would maintain 0., the wife of B., in case she survived him, held that 0., after the death of B., could not maintain an action of covenant, in her own name,…
2Cases cited10 opinions
- Douglass v. HowlandNew York Supreme Court · 1840
- Fowler v. ShearerMassachusetts Supreme Judicial Court · 1810
- Watson's Executors v. McLarenNew York Supreme Court · 1838
- Townsend v. CorningNew York Supreme Court · 1840
- Halliday v. McDougallNew York Supreme Court · 1838
5 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Atlantic Dock Co. v. . LeavittNew York Court of Appeals · 1873
- President of Georgetown College v. MaddenDistrict Court, D. Maryland · 1980
- Security National Bank of Greensboro v. Educators Mutual Life InsuranceSupreme Court of North Carolina · 1965
- Brick v. Cohn-Hall-Marx Co.New York Court of Appeals · 1940
- Rusling v. Union Pipe & Construction Co.Appellate Division of the Supreme Court of the State of New York · 1896
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